Dive Brief:

• Regional grocery store chain Publix Super Markets paid more than $17,000 to an employee it allegedly fired for taking leave protected by the Family and Medical Leave Act, the U.S. Department of Labor announced Dec. 8.
• Investigators for DOL’s Wage and Hour Division said the chain illegally terminated a Florida warehouse worker after the worker exercised their right to take FMLA leave for a qualifying health condition, the announcement said. Investigators also determined that Publix failed to provide the worker with required information, including: 1) a timely eligibility notification letter, which informs an employee they’re eligible for FMLA leave, according to a DOL employer handbook; 2) notice of the worker’s rights and responsibilities; and 3) a designation notice, informing the worker their requested leave would be designated as FMLA leave.
• DOL said it recovered $12,727 in back wages and $5,127 in medical expenses for the worker. The FMLA “protects eligible workers from an employer’s interference, restraint or retaliation when they take qualifying leave,” WHD District Director Daniel Cronin said in the announcement. “Employees who experience violations may be entitled to reinstatement, payment of back wages or other make-whole relief for medical expenses,” he said. Publix did not respond to a request for a comment prior to press time.

Dive Insight:

The FMLA’s detailed rules can create a compliance headache for employers, but failure to follow them often...

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